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HomeMy WebLinkAbout20111020000142 STORM WATER EASEMENT AND MAINT AGREEMENT 07/13/2011/� — cp/— �T— 0 1-5) Return Address: Auburn Aubu illllllll VIII it IIII VIII VIII VIII VIII III VIIVIIIIII 25 We IIIIIIIIIIII Auburn`rWAn98001 20111020000142 PACIFIC NW TIT EAS 137 00 PAGE -001 OF 014 10/20/2011 10 08 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRA08 -0041 -13" Reference # (if applicable): \I, Grantor/Borrower- State of Washington — Green River Community College Grantee /Assignee /Beneficiary• City of Auburn Legal Description/STR. NW %4, Section 16, Township 21 North, Range 5 East Assessor's Tax Parcel ID #- 162105 -9006 THIS EASEMENT AND AGREEMENT made and entered into this 13 day of u 1 v/ , 2011, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and State of Washington — Green River Community College hereinafter referred to as "PROPERTY OWNER" WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Green River Community College HS Replacement: General Classroom Building located at 12401 SE 3201" Street, Auburn, WA 98092, which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm system; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system it is necessary to have appropriate right -of -way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and sT � �llr ApT w l') Icl Said documents were i filed rw of /-1114 record as an accommodation only. It has not been examined as to Storm Water Easement and Maintenance Agreement v1 e x CULMI or as w ub ci 1ou Page 1 of 14 upon title. EXCISE TAX NOT REQUIRED King Co. Records Bye I J . \/\ , Deputy Dray -`D N vn,Amtn WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors and assigns of both parties as to the existence of this easement and agreement; and WHEREAS, an easement is needed to bring in maintenance equipment; and WHEREAS, the parties are both desirous of permitting inspection of the storm system to make certain that it is functioning properly and for purposes of determining the appropriate repairs. NOW,. THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS. Section 1, EASEMENT PROPERTY OWNER hereby provides a non - exclusive easement to the City for access, inspection, and maintenance for the purposes of this Agreement and the attached Storm Water Pollution Prevention Plan, over, under and on that real estate described in Exhibit "A" & "B" and on that portion of the property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit No GRA08 -0041, which record drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden to that real estate which is legally described and attached as Exhibit "A" & "B" and incorporated herein by this reference, and shall be a benefit to the City Storm Drainage Utility System. parties. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the Section 3, MAINTENANCE The PROPERTY OWNER agrees to maintain the storm system in accordance with the ordinances and all applicable codes of the CITY and the Storm Water Pollution Prevention Maintenance and Operation Schedule attached as Exhibit "C" and incorporated herein by this reference. The PROPERTY OWNER does hereby agree that the CITY may enter onto the property of the PROPERTY OWNER via the easement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY may enter onto the property of PROPERTY OWNER via the easement described above to perform emergency maintenance in the event of the storm system's failure which might result in adverse impacts(s) on public facilities or private facilities of other property owners. In both events the PROPERTY OWNER agrees to reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. - °",ti . - - I Storm Water Easement and Maintenance Agreement Page 2 of 14 Should the CITY incur attorney's fees and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. Section 4, ACKNOWLEDGMENT OF'OTHER ENFORCEMENT ACTIONS PROPERTY OWNER acknowledges that there may be liability for violations of codes that could result in additional fines and/or the possibility of incarceration in addition to the fees for maintenance should violations occur EXECUTED as of the date first written above. Sala ,merttst veers ta+ ramd by Pucifrc �rlt+evast Titlo m yrn / A ea ai1Q^Y. R 1s b �� Au Signature. 4,.�minad as to prcapar ®xocutl=41 1 certify that I know or have satisfactory evidence that✓ G is the person who appeared before me, and said pe "4c owledged,that he /she signed this instrument, o oath stated th t e /she was au onze o e3xM ut : three instrument and ackno.Vledged e-(posAon) _ .._ _N oft (---/h irk act ofir i bet free and voluntary act of s� instru en . Dated / J � My appointment expires Storm Water Easement and Maintenance Agreement Page 3 of 14 icy, to in this CITY OF AUBURN � /3 /ii Tim Carlaw, Storm Drainage Engineer Date STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Tim Carlaw is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the STORM DRAINAGE ENGINEER of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated / /�? /I /I Notary Public in Residing at FIC My appointment OP // y'q7��raGti� BKT /tlb File: 1250 Storm Water Easement and Maintenance Agreement Page 4 of 14 EXHIBIT `A' LEGAL DESdUPTI ®N FOR GREEN RIVER COMMUNITY COLLEGE IiS REPLACEMENT: GRA NO. 08 -D041 BUILDINGPERMITNO. BLDUS -0243 LEGAL DESCRIPTION: THE NOR "i'HEAST QUARTER OF THE N0WfHWEST QUARTER OP SECTION lb, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. EXCEPT SE 326... STREET, SITUATE INKING COUNTY, WASHINGTON. Storm Water Easement and Maintenance Agreement Page 5 of 14 § �\\\ (! )�0 co �( /\ M / £XH!lelg DEB BUILDING | � ! ) {; / §). \\\ �M' \(\ Storm Water Easement and Maintenance Agreement Page «x rri rri �9 1 3 m�® ` — \ `} (k \j z 54 Storm Water Easement and Maintenance Agreement Page «x rri rri EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for GREEN RIVER COMMUNITY COLLEGE HS REPLACEMENT: GENERAL CLASSROOM BUILDING SEPA NO. N/A FAC NO. N/A GRA NO. GRA08 -0041 BUILDING PERMIT NO. BLDO8 -0243 Site Address: The project is located in NW '/4, Section 16, Township 21 North, Range 5 East, W.M., 12401 SE 320th Street, Auburn, WA 98092. The tax parcel number is 162105 - 9006 -07 Introduction: The storm drainage technical information report has been prepared to address the City of Auburn's site development and storm drainage requirements for the proposed HS Replacement: General Classroom Building located inside Green River Community College at 12401 SE 320th Street, Auburn, WA 98092. The project site has an area of approximately 2.8 acres and is currently occupied by six small buildings and associated walkways. The small buildings will be demolished. A new classroom building with associated walkways will be constructed at the site. The subject site will be occupied by a new, three -story building. The site will be re- graded to provide easy access to the new building and promote positive drainage away from the building. The site will have more open space than in its current conditions. Walkways, drainage systems, and utilities on site will be replaced to serve the new building. According to the City of Auburn's Construction Standards for storm water management, the city requires storm water quality control to the proposed redevelopment. We have proposed to collect all of the storm water runoff from the landscaped, building and pavement areas in a series of catch basins. This water will be conveyed by storm drainage pipe to two Stormceptor systems for storm water quality treatments. Storm Water Easement and Maintenance Agreement Page 7 of 14 The Stormceptor systems are located southeast and northwest of the project site respectively Here from the Stormceptor located at the southeast corner, the storm water will be released into a 12" proposed storm drainage line running to the east connecting into an existing 18" culvert crossing under a parking lot. The culvert discharges water to the campus drainage system, which drains to the Green River From the Stormceptor located at the northwest corner, the storm water will be released into a 8" proposed storm drainage line day - lighted to a ditch. The ditch runs south and discharges water to the campus drainage system, which drains to the Green River Storm water quantity control is not required for this project because there will not be an increase in the peak discharge from the re- development. Plan Goal: The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual, which offers guidelines to the owner for storm water facility maintenance. Prevention BMP'S: The catch basins shall have stenciled on them "DUMP NO WASTE — DRAINS TO STREAM." The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call DOE at 1-425- 649 -7000 The catch basins and Stormceptor systems will be visually inspected for accumulation of debris and silt and will be maintained as required by this pollution prevention plan and attachments. • Maintenance Standards for Drainage Facilities (from the Department of Ecology Storm Water Manual, August 2001) No 5 — Catch Basins Other — Stormceptor Systems Storm Water Easement and Maintenance Agreement Page 8 of 14 Treatment BMP'S: Two Stormceptor systems have been installed to treat runoff for conventional pollutants. The Stormceptor systems were designed to treat 64% of the 2 -year storm event (water quality storm) for water quality treatment. The Stormceptor systems were designed to remove minimum 80% of the total suspended solids (TSS). Storm water detention for quantity control is not required for the project because of minimal increase in peak discharges. Inspection /Maintenance: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City. Additional inspections may be required after severe storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The parking lots and driveways should be kept clean and in repair Events such as major storms or heavy winds will require immediate inspections for damages. To ensure proper water quality and treatment, the Stormceptor systems must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater Catch basins shall be cleaned when sump is 1/3' full of sediment or debris Person of Responsibility: Mike Bingisser, Facilities Project Officer Green River Community College 12401 SE 320th Street, Auburn, WA 98092 (253) 288 -3329 Design Engineer: Reid Middleton, Inc. 728134 th Street SW, Suite 200 Everett, WA 98204 (425) 741 -3800 Storm Water Easement and Maintenance Agreement Page 9 of 14 Plan and /or Information Updates: The City of Auburn Storm Drainage Utility section is to review and approve any changes to this Storm Water Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City Storm Drainage Utility section. INSPECTION /MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTION /MAINTENANCE Results/ Maintenance Date All Catch Basins Inspection Results Maintenance Done Stormceptor Inspection Results -Systems Maintenance Done Conveyance Pipes Inspection Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 10 of 14 Maintenance Standards for Drainage Facilities: The facility- specific maintenance standards contained in this section are intended to be conditions for determining if maintenance actions are required as identified through inspection. They are not intended to be measures of the facility's required condition at all times between inspections. In other words, exceeding these conditions at any time between inspections and /or maintenance does not automatically constitute a violation of these standards. However, based upon inspection observations, the inspection and maintenance schedules shall be adjusted to minimize the length of time that a facility is in a condition that requires a maintenance action. Storm Water Easement and Maintenance Agreement Page t I of 14 No. 5 — Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed General Trash 8 Trash or debris which is located immediately No Trash or debris located Debris in front of the catch basin opening or is immediately in front of blocking inletting capacity of the basin by catch basin or on grate more than 10 %. opening. Trash or debris (in the basin) that exceeds 60 No trash or debris in the percent of the sump depth as measured from catch basin. the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest pipe. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes free blocking more than 1/3 of its height. of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or dangerous gases (e.g., methane). the catch basin. Sediment Sediment (in the basin) that exceeds 60 No sediment in the catch percent of the sump depth as measured from basin. the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest pipe. Structure Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 1/4 inch. and cracks. Frame and /or Top Slab (Intent is to make sure no material is running into basin). Frame not sitting Flush on top slab, i.e., Frame is sitting flush on separations of more than 3/4 inch of the the riser rings or top slab frame from the top slab. Frame not securely and firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or repaired Cracks in unsound. to design standards. Basin Walls/ Bottom Grout fillet has separated or cracked wider Pipe is regrouted and than 112 inch and longer than 1 foot at the secure at basin wall. joint of any inlettoutlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or repaired Misalignment function, or design problem. to design standards. Vegetation Vegetation growing across and blocking more No vegetation blocking than 10% of the basin opening. opening to basin. Storm Water Easement and Maintenance Agreement Page 12 of 14 No. 5 — Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed Vegetation growing in inletloutlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. Contamination Any evidence of oil, gasoline, contaminants No pollution present. and Pollution or other pollutants. Catch Basin Cover Not in Cover is missing or only partially in place. Catch basin cover is Cover Place Any open catch basin requires maintenance. closed. Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. Bolts proper tools. Not Working into frame have less than 1/2 inch of thread. Cover Difficult One maintenance person cannot remove lid One maintenance person to Remove after applying normal lifting pressure. can remove cover ' (Intent is keep cover from sealing off access to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, standards and allows misalignment, rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 718 inch. Grate opening meets (If Applicable) Unsafe design standards. Trash and Trash and debris that is blocking more than Grate free of trash and Debris 20% of grate surface inletting capacity. debris. Damaged or Grate missing or broken member(s) of the Grate is in place and Missing. grate. meets design standards. Storm Water Easement and Maintenance Agreement Page 13 of 14 OTHER - STORMCEPTOR SYSTEM Maintenance Defect Condition When Maintenance is Results Expected When Component Needed Maintenance is Performed General Sediment Sediment depth (in the basin) reaches 15 No sediment in the catch basin. Accumulation in percent of the storage capacity as Basin measured from the bottom of basin to invert of the pipe out of the basin. Damaged Pipes Any part of the pipes that are crushed or Pipe repaired and /or replaced. damaged due to corrosion and /or settlement. Access Cover Damaged /Not Cover cannot be opened; one person cannot open the cover using normal Cover repaired to proper working specifications or Working lifting pressure, corrosion /deformation of replaced. cover Storm Water Easement and Maintenance Agreement Page 14 of 14